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The State of Madhya Pradesh Vs. Anil Kumar Nema

The State of Madhya Pradesh vs Anil Kumar Nema

Type Court Judgment Court Madhya Pradesh Decided Aug 26, 2013
~2 min read
https://sooperkanoon.com/case/1045409

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Citation
Court
Madhya Pradesh High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

The State of Madhya Pradesh

Respondent

Anil Kumar Nema

Excerpt

r.p.no.74/2013 26.8.2013 mr.r.p.tiwari, learned government advocate for the petitioners.mr.s.p.khare, learned counsel for the respondents. heard. this application has been filed for review of order dated 25.7.2012 passed in w.p.no.9850/2012 (s) by which the petitioners herein were directed to revise the pay scale of the respondents herein by taking into account the firs.upgradation granted to them vide order dated 25.9.1984 w.e.f.01.4.1981 and also after considering the cases of respondents herein for second time bound upgradation under the time bound upgradation scheme dated 13.7.1999 and 19.4.1999, the petitioners herein shall fix the salary of the respondents notionally and shall thereafter pay pension, gratuity and other terminal dues to the respondents herein. learned counsel for the petitioner submits that the aforesaid order was passed in view of order dated 15.9.2009 passed in w.p.no.824/2004(s).in a similar matter against the order passed by a division bench, a special leave petition has been preferred before the supreme court by the state government which is pending consideration. in this connection, learned counsel for the petitioners has invited the attention of this court to the order dated 30.3.2012 passed by the supreme court. learned counsel for the parties jointly submit that the order dated 25.7.2012 passed in w.p.no.9850/2012(s) be modified and it be directed that the decision in the case of respondents herein shall be taken up in the light of order which may be passed in the aforesaid special leave petition. -2- in view of the aforesaid submission made by learned counsel for the parties and as agreed to by them, the review petition is disposed of with a direction that the cases of respondents herein shall be governed by the order which may be passed by the supreme court in the aforesaid pending special leave petition. the order passed today shall be read in conjunction with the order passed on 25.7.2013. c.c.as per rules. (alok aradhe) judge rm

Full Judgment

R.P.No.74/2013 26.8.2013 Mr.R.P.Tiwari, learned Government Advocate for the petitioneRs.Mr.S.P.Khare, learned counsel for the respondents.

Heard.

This application has been filed for review of order dated 25.7.2012 passed in W.P.No.9850/2012 (S) by which the petitioners herein were directed to revise the pay scale of the respondents herein by taking into account the fiRs.upgradation granted to them vide order dated 25.9.1984 w.e.f.01.4.1981 and also after considering the cases of respondents herein for Second Time Bound Upgradation under the Time Bound Upgradation Scheme dated 13.7.1999 and 19.4.1999, the petitioners herein shall fix the salary of the respondents notionally and shall thereafter pay pension, gratuity and other terminal dues to the respondents herein.

Learned counsel for the petitioner submits that the aforesaid order was passed in view of order dated 15.9.2009 passed in W.P.No.824/2004(S).In a similar matter against the order passed by a Division Bench, a Special Leave Petition has been preferred before the Supreme Court by the State Government which is pending consideration.

In this connection, learned counsel for the petitioners has invited the attention of this Court to the order dated 30.3.2012 passed by the Supreme Court.

Learned counsel for the parties jointly submit that the order dated 25.7.2012 passed in W.P.No.9850/2012(S) be modified and it be directed that the decision in the case of respondents herein shall be taken up in the light of order which may be passed in the aforesaid Special Leave Petition.

-2- In view of the aforesaid submission made by learned counsel for the parties and as agreed to by them, the review petition is disposed of with a direction that the cases of respondents herein shall be governed by the order which may be passed by the Supreme Court in the aforesaid pending Special Leave Petition.

The order passed today shall be read in conjunction with the order passed on 25.7.2013.

C.C.as per rules.

(Alok Aradhe) Judge RM

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